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Unprecedented: The Constitutional Challenge to Obamacare
Foreword by Randy E. Barnett
In 2012, the United States Supreme Court became the center of the political world. In a dramatic and unexpected 5-4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama.
On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama's "legacy"--his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional.
Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey--including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama's "unprecedented" law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.
In 2012, the United States Supreme Court became the center of the political world. In a dramatic and unexpected 5-4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama.
On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama's "legacy"--his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional.
Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey--including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama's "unprecedented" law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.
Kindle Edition
First published January 1, 2011
About the author
Josh Blackman
22 books5 followersJoshua Michael Blackman, J.D. (George Mason University School of Law, 2009; B.S., Information Sciences & Technology, Pennsylvania State University, 2005), is an associate professor at the South Texas College of Law Houston, and an adjunct scholar at the Cato Institute. In 2014, he was selected by Forbes Magazine for the “30 Under 30” in Law and Policy, and he is a regular contributor to the Volokh Conspiracy blog.
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Displaying 1 - 5 of 5 reviews
July 23, 2020
Blackman's well researched book on the ACA cases reads like a novel, but is researched as you would expect from a leading constitutional law scholar. If you are twisted enough to be in to these topics, you will find this to be a fun and page turning read. I powered through the book in just a few days, and thought it was exceptionally well written - especially the legislative history and legal history leading up to the SCOTUS case. Fans of the law and politics will find this a readable, educational and interesting account of the ACA.
August 27, 2013
This insightful page-turner provides a definitive account of Obamacare that is not only fair and nuanced but also highly relevant to ongoing debates. Blackman couples his expertise as a constitutional scholar with riveting interviews to provide a rich history of one of the most controversial cases of our time. I highly recommended this to members of both sides of the political spectrum - you will enjoy learning the inside scoop.
October 11, 2014
A well-researched book about the challenge to the Affordable Care Act from Congressional passage to Supreme Court ruling. However, there were many sentences and paragraphs with biased writing which took away from the credibility of writing an all-inclusive book about a landmark piece of legislation. Take away the biased writing and I would have enjoyed this a lot more and it wouldn't have taken so long to read.
February 2, 2016
A great history of the Obamacare challenge - from its ideological roots through the Supreme Court's decision and beyond.
September 17, 2017
Made a good argument for liberty in the US.
Displaying 1 - 5 of 5 reviews